| With the rapid development of information technology,the digitization of traditional industries has become the future development direction.When the development of copyright enters the Internet environment,the traditional copyright laws and regulations are not suitable.The main reason for this maladjustment is that the new subject Internet service provider has a strong technical advantage and important position,which brings new forms of technology,but also produces a large number of more complex and changeable infringement problems.The originally more balanced interest relationship was disrupted.When dealing with copyright infringement in the Internet environment,we must take into account the development requirements of the Internet,which is difficult to achieve by traditional methods.In order to balance the interests of all parties,encourage the dissemination of works,promote the development of the Internet,and maximize the public interests of copyright development in the Internet environment,the regulation of Internet service providers has become the primary task,and the establishment of a reasonable duty of care for them is both the foundation and the most effective way.Therefore,how to reasonably construct the copyright duty of care of Internet services has become the biggest challenge.This paper first analyzes the positioning of Internet service providers,summarizes the development from the traditional infringement theory to the duty of care in Internet copyright protection,puts forward the duty of care of Internet service providers,and makes clear the significance of the duty of care to Internet service providers.Then it studies the copyright infringement of Internet service providers,discusses the disputes between the existing views,and leads to the infringement exemption provisions closely related to the copyright duty of care of Internet service providers.After making full preparations for Internet service providers,duty of care and Internet copyright infringement,this paper clarifies the basis and purpose of setting copyright duty of care for Internet service providers,carries out theoretical research on the judgment of copyright duty of care for Internet service providers,fully considers the significance of rationality,analyzes the judgment principles and relevant requirements of rationality,and puts forward some suggestions for Internet service providers Third,the judgment standard of copyright duty of care.On the basis of sufficient theory,combined with three representative cases for different issues,this paper analyzes the characteristics of the current Internet service providers’ duty of care system and the relevant legal provisions in China.Based on the differences between the goal of establishment,the principle of judgment and the existing system,this paper discusses the shortcomings of the copyright duty of care system of Chinese Internet service providers,and the actual situation that the existing laws and regulations are difficult to apply accurately.Taking this deficiency as the goal of perfection,combined with the principles and reasonable requirements of establishing the copyright duty of care of Internet service providers,this paper puts forward the idea of constructing the copyright duty of care system of network service providers,optimizing the existing legal provisions,and making full use of the technical measures that have been put into the industry,so as to raise the threshold of infringement on the basis of increasing the minimum cost and solve most of the infringement problems.I hope to make a little contribution to the optimization of the copyright duty of care system of Chinese Internet service providers and the solution of copyright infringement in the Internet environment. |
